VT: “Spite Fence” Standard Established

In a case of a boundary dispute turned ugly (mooning, public urination, etc.), the Vermont Supreme Court adopted the dominant-purpose test for determining the existence of a spite fence.  Moreover, the standard was met when the fence blocked the view of a mountain (from a bed-and-breakfast property), caused backed-up drainage, and contained signs on the side facing the neighbor’s property.  The case is Obolensky v. Trombley.  Coverage from Roger McEowen at the Iowa State Center for Agricultural Law and Taxation is here.